Interlegal advised a client on legal matters connected with the calls of the vessels to Crimean ports

17.10.14

In the course of work an explicit analysis of legal status of particular Crimean ports, the procedure of entering the ports of Crimea by the vessels, the consequences of such vessels’ calls and the ways of minimizing the risks connected with them was conducted.
Currently the legal status of the ports of Crimea is regulated by the Law of Ukraine “On the rights and liberties of citizens and regime on temporarily occupied territory”, the Order of the Cabinet of Ministers of Ukraine “On the temporary closing of checkpoints across the state border checkpoints” and the Order of the Ministry of Infrastructure of Ukraine “On closure of sea ports”.
Despite the range of acts regulating this issue, there is no unified approach to determination of the status of particular ports of Crimea, because different ports subordinate to the different executive authorities of Ukraine (some of the ports are subordinated to the Ministry of Infrastructure, some – to the State Agency of Fishery of Ukraine).
Besides, in September a new package of European Union sanctions came into effect, according to which the Kerch Sea Commercial Port was put in the list 9 Crimean enterprises that have come under EU sanctions. Obviously, this also impacts the charter parties, the provisions of which mention Crimean ports.
Due to certain nuances in the legal status of particular Crimean ports, the shipowners, who have decided to call to the ports of Crimea, should fully assess all the possible risks of such call for themselves, the vessel and the crew, which requires a timely legal advice.
The case was proceeded by Natalya Myroshnychenko and Ekaterina Gadetskaya.